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Facility Agreement for the United Kingdom

Facility Agreement Template for England and Wales

A Facility Agreement is a legally binding contract governed by English and Welsh law that establishes the terms and conditions under which a lender provides financial facilities to a borrower. It details the loan amount, interest rates, repayment terms, conditions precedent, representations and warranties, covenants, and events of default. The agreement incorporates key regulatory requirements from the Financial Services and Markets Act 2000 and related legislation, ensuring compliance with UK financial services regulations.

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What is a Facility Agreement?

The Facility Agreement Template serves as a comprehensive framework for documenting loan arrangements under English and Welsh law. It is typically used when a lender extends credit facilities to a borrower, whether for general corporate purposes, acquisitions, real estate development, or other commercial activities. The template includes essential provisions required by UK financial services regulations and market practice, covering everything from facility terms to security arrangements. This document type is particularly important in commercial lending transactions where clear documentation of obligations, rights, and remedies is crucial for all parties involved.

What sections should be included in a Facility Agreement?

1. Parties: Identification of lender(s), borrower(s), and any guarantors

2. Background: Context of the facility and purpose of the loan

3. Definitions: Key terms used throughout the agreement including relevant legislation references

4. Facility: Details of the loan amount, purpose, and availability

5. Interest: Interest rate, calculation method, and payment terms

6. Repayment: Repayment schedule and terms

7. Representations and Warranties: Statements of fact by the borrower including compliance with relevant legislation

8. Covenants: Ongoing obligations of the borrower including regulatory compliance requirements

9. Events of Default: Circumstances triggering default and remedies

What sections are optional to include in a Facility Agreement?

1. Security: Details of any security arrangements - required when the facility is secured

2. Guarantees: Terms of any guarantees provided - required when guarantors are involved

3. Syndication Provisions: Terms for multiple lenders - required for syndicated facilities

4. Consumer Protection Provisions: Additional protections required under Consumer Credit Act - required for consumer lending

What schedules should be included in a Facility Agreement?

1. Schedule 1 - Conditions Precedent: Documents and conditions required before drawdown

2. Schedule 2 - Form of Drawdown Notice: Template for requesting loan disbursements

3. Schedule 3 - Repayment Schedule: Detailed payment dates and amounts

4. Schedule 4 - Form of Transfer Certificate: Template for transferring loan participations in transferable facilities

5. Schedule 5 - Form of Compliance Certificate: Template for periodic confirmation of compliance with agreement terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

























































Clauses































Industries

Financial Services and Markets Act 2000: Primary legislation regulating financial services and markets in the UK, including requirements for authorized lenders and consumer protection provisions

Consumer Credit Act 1974: Legislation governing consumer lending, including consumer protection measures, licensing requirements, and disclosure obligations

Financial Services Act 2012: Updates to the regulatory framework and financial conduct requirements for financial services in the UK

FCA/PRA Regulations: Regulatory framework including conduct of business rules, capital requirements, and risk management requirements

UK Money Laundering Regulations 2017: Regulations covering customer due diligence requirements and risk assessment obligations for financial institutions

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of contracts to which they are not a party

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, including limitations on liability and reasonableness requirements

Consumer Rights Act 2015: Comprehensive legislation covering consumer rights and unfair terms in consumer contracts

Retained EU Law: EU-derived legislation that continues to apply in the UK post-Brexit, including relevant financial services regulations

Sanctions and AML Framework: International sanctions compliance requirements and anti-money laundering provisions affecting financial agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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